Council of the Municipality of Murrysville

Regular Voting Meeting – Wednesday, December 20, 2017 Council of the Municipality of Murrysville held a Regular Voting Meeting on Wednesday, December 20, 2017, at 7:00 p.m. in the Municipal Building. Present at the meeting were Council members Tony Spadaro, Jeffery Kepler, Jamie Lee Korns, David Perry, Joan Kearns, Josh Lorenz and Loren Kase. Also present were Mayor Robert Brooks, Chief Administrator James Morrison, Solicitor George Kotjarapoglus, and Finance Director Diane Heming. PRESENTATION BY MURRYSVILLE COUNCIL 2017 COMMUNITY SERVICE AWARD TO PASTOR DAN LAWRENCE AND MAYOR BROOKS 2017 VOLUNTEER OF THE YEAR AWARD TO EAST SUBURBAN CITIZEN ADVOCACY Council President Joan Kearns Mrs. Kearns called several people to the podium: Bill Vance, Bill Yant, Chief Seefeld, Randy Martz, Rick O’Mahoney, Val Mittereder, and Pastor Dan Lawrence. Mrs. Kearns spoke of the many things that Pastor Dan does, and passed the mic to the others to share their experiences. Pastor Dan is the Police Chaplain, a member of the International Conference of Police Chaplains, assists first responders, and many individuals in the community, Emergency Shelter Team, is a great mentor and friend to all. Mrs. Kearns shared her thoughts, “if you see something, say something”. Mrs. Kearns read and presented the 2017 Community Service Award to Pastor Dan Lawrence. Pastor spoke and said he was surprised, and thank you to his wife, enjoys the opportunity to help in the community. He will continue to do his best. Mayor Brooks Mayor Brooks announced that his award goes to a charity. It is the East Suburban Advocacy. Mayor called members to the podium. They spoke of their mission. Their goal and work for total inclusion of all people in the community, and advocate for the special needs community members. Megan Nelson, special educator, spoke about her theatre program with East Suburban Trailblazers. Drema Bartolucci, is the advocacy coordinator, and works with Kate Calla, Executive Director. She acknowledged all the volunteers. They do job training, exercise programs, art for the heart program, etc. Corey is a volunteer who is there one day a week. He recently helped set up and tear down for the Christmas party for 175 people who otherwise would have nowhere to go for a holiday party, and he also recently moved a bed for someone with his full size van. Sophia is Drema’s daughter. She explained how cards are made by people with disabilities. She is in Kindergarten, and had candy to pass around for Council members. Mayor Brooks read and presented the Volunteer of the Year award. Mayor Brooks then called up Regis Synan, Carl Stepanovich, and Toni Brockway. Regis Synan spoke of the community leaders not returning. Mr. Kepler and Mr. Perry have served for 8 years on Council. Mrs. Kearns served 8 years as Council President and a total of 18-1/2 years on Council. Mayor Brooks has served Murrysville very well over the last 8 years as Mayor. Mayor Brooks served 18 years on Council prior to his 8 years as Mayor. He won the Mayor of the Year award for the state in 2015. Mr. Synan expressed his pride in serving with the slh 1/12/2018 Regular Voting Meeting – Wednesday, December 20, 2017 departing public servants, and thanked their spouses. Mr. Synan said he looks forward to his new duties as Mayor, and is deeply committed and dedicated. He offered his thanks for electing him as the new Mayor. Mr. Synan presented Mayor Brooks and 2017 Council with an ornament for the tree in recognition for their exemplary service. He would like Mrs. Kearns and Mayor Brooks to hang the ornament on the tree in the lobby. Mayor Brooks then spoke of the new council members. Toni Brockway spoke of being ecstatic and looking forward to working with everyone and is committed to doing the best that she can as a council member. Carl Stepanovich spoke of looking forward to being involved as a council member. Mayor Brooks said it has been fun for him for the past 8 years, Mr. Synan is a good guy and shook his hand. Mr. Synan asked Mayor Brooks and Mrs. Kearns to hang the ornament on the tree. REGULAR VOTING MEETING AGENDA UNISTED AMENDMENTS: None. Mr. Kepler moved to approve the agenda as presented. Mrs. Lee Korns seconded. All present voted aye. Motion approved. CONSENT CALENDAR ITEMS: A. ACCOUNTS PAYABLE B. INVESTMENTS AND TRANSFERS C. NOVEMBER 30, 2017 MEETING MINUTES TO BE APPROVED Mr. Spadaro moved to approve the Consent Calendar items. Mr. Kase seconded. All present voted aye. Motion approved. Mr. Spadaro moved to approve the November 30 meeting minutes. Mr. Kase seconded. All present voted aye. Motion approved. Mayor Brooks wished everyone a Merry Christmas and Happy New Year, as this is his last meeting. Mr. Morrison asked to back up and approve Accounts Payable. Mrs. Lee Korns moved to approve the Accounts Payable items. Mr. Spadaro seconded. Mr. Morrison had two things. Staff met with school district representatives and their consultants to review comments and make recommendations as it pertains to the site plan and proposed development of the Sloan Elementary School. They left with marching orders and will be bringing back some additional studies, in particular, accessing the site and circulation within the site. We will see how they respond to that. slh 1/12/2018 Regular Voting Meeting – Wednesday, December 20, 2017 Second, on the 11th of December, Mr. Morrison received a Notice of an Act 14 Filing by Huntley & Huntley for a well development known as the Titan Well Pad Project, on a property located near the intersection of Bollinger and Hilty Road. That will be 6-9 months in Harrisburg, and then shortly thereafter will begin the process here in Murrysville. Mrs. Kearns noted a need for a motion on Investments and Transfers. Mr. Lorenz moved to approve Investments and Transfers. Mr. Kase seconded. All present voted aye. Motion approved. COMMUNITY INPUT: Barbara Sims – Thank you to Mayor Brooks, Mrs. Kearns, Mr. Kepler, Mr. Perry, and Mr. Kase. She had no idea if the Council had made up their minds regarding the approval of the Tonkin Compressor Station petition. She feels there are very strong reasons why Council should delay the approval and make sure it is done with as little impact on residents as possible. The Council needs to have an expert emissions topographer to find out how far the toxic emissions from this expanded station will travel. This is a conditional use expansion. Therefore, this should be a priority. It’s extremely important for Sloan Elementary, sports fields and all nearby residents. Toxic emissions will affect the most vulnerable citizens. Why is our council in such a hurry to approve Dominion’s permit, as the DEP has not yet given their approval? She requested notification of blowdowns from the compressor station be given to nearby residents and Sloan School, sports fields when in use. Did Council pressure Dominion to use an electrical engine instead of a gas driven one? The expansion will create a need for more pipelines, more infrastructure, more gas leaks, possible explosions. Sloan Elementary was closed on Monday for a gas leak. The Tonkin compressor station expansion is not just a disturbance for a few months, but is exceeding noise levels and spewing harmful emissions. Mrs. Kearns acknowledged that Mr. Kase will be back as council member for 2018. WORKSHOP ITEMS ADMINISTRATION: None. ENGINEERING: None. COMMUNITY DEVELOPMENT: None. PUBLIC WORKS AND PARKS: None. COUNCIL - ACTION ITEMS ADMINISTRATION: 13A. CONSIDER APPROVAL OF ORDINANCE NO. 984-1, 2018 TAX ORDINANCE. slh 1/12/2018 Regular Voting Meeting – Wednesday, December 20, 2017 Mr. Lorenz moved to approve the Ordinance. Mr. Kase seconded. Upon a roll call vote: Mr. Spadaro – yes, Mr. Kepler – yes, Mrs. Lee Korns – yes, Mr. Perry – yes, Mrs. Kearns – yes, Mr. Lorenz – yes, Mr. Kase – yes. Motion approved. 13B. CONSIDER APPROVAL OF ORDINANCE NO. 985-17, 2018 SALARY ORDINANCE. Mr. Kepler moved to approve the Ordinance. Mrs. Lee Korns seconded. Upon a roll call vote: Mr. Spadaro – yes, Mr. Kepler – yes, Mrs. Lee Korns – yes, Mr. Perry – yes, Mrs. Kearns – yes, Mr. Lorenz – yes, Mr. Kase – yes. Motion approved. 13C. CONSIDER APPROVAL OF RESOLUTION NO. 677-17, 2018 OPERATING BUDGET. Mrs. Lee Korns moved to approve the Resolution. Mr. Kepler seconded. There were no questions from Council. Upon a roll call vote: Mr. Spadaro – yes, Mr. Kepler – yes, Mrs. Lee Korns – yes, Mr. Perry – yes, Mrs. Kearns – yes, Mr. Lorenz – yes, Mr. Kase – yes. Motion approved. 13D. CONSIDER APPROVAL OF ORDINANCE NO. 988-17 ESTABLISHING THE EMPLOYEE CONTRIBUTION RATE TO THE MURRYSVILLE POLICE PENSION PLAN FOR 2018 AT 5%. Mr. Spadaro moved to approve the Ordinance. Mrs. Lee Korns seconded. There were no questions from Council. Upon a roll call vote: Mr. Spadaro – yes, Mr. Kepler – yes, Mrs. Lee Korns – yes, Mr. Perry – yes, Mrs. Kearns – yes, Mr. Lorenz – yes, Mr. Kase – yes. Motion approved. 13E. CONSIDER APPROVAL OF ORDINANCE NO. 678-17 DISPOSING OF CERTAIN MUNICIPAL RECORDS IN ACCORDANCE WITH THE STATE RECORDS RETENTION POLICY. Mr. Lorenz moved to approve the Ordinance. Mr. Spadaro seconded. There were no questions from Council. Upon a roll call vote: Mr. Spadaro – yes, Mr. Kepler – yes, Mrs. Lee Korns – yes, Mr. Perry – yes, Mrs. Kearns – yes, Mr. Lorenz – yes, Mr. Kase – yes. Motion approved. 13F. CONSIDER APPROVAL OF ORDINANCE NO. 989-17, AN ORDINANCE RENAMING MIRACLE FIELD DRIVE SITUATED IN THE MUNICIPALITY OF MURRYSVILLE, COUNTY OF WESTMORELAND AND COMMONWEALTH OF PENNSYLVANIA TO RON COY WAY. Mrs. Lee Korns moved to approve the Ordinance. Mr. Spadaro seconded. There were no questions from Council. Upon a roll call vote: Mr. Spadaro – yes, Mr. Kepler – yes, Mrs. Lee Korns – yes, Mr. Perry – yes, Mrs. Kearns – yes, Mr. Lorenz – yes, Mr. Kase – yes. Motion approved. COMMUNITY DEVELOPMENT: 14A. CONSIDER APPROVAL OF A WAIVER REQUEST BY MEDIC ONE OF PERMIT FEES AS THEY RELATE TO A CONDITIONAL USE APPLICATION, CU-6-17, AND A SITE PLAN APPLICATION, SP-5-17. slh 1/12/2018 Regular Voting Meeting – Wednesday, December 20, 2017 Mrs. Lee Korns moved to approve the waiver request. Mr. Spadaro seconded. Mr. Morrison explained the fees. MedicOne requested a waiver of all fees. Staff recommendation was to waive the permit fees. Mr. Perry asked if Council routinely waives fees for nonprofits. Mr. Lorenz wanted to clarify the idea of waiving the application and permit fees, but still collect the plan review fees, as they are out of pocket. Mr. Morrison confirmed that is the staff recommendation. Mrs. Kearns asked if it would be possible for the entities to all contribute to the $960. Mr. Morrison said that is totally up to them, as MedicOne was the applicant. Mr. Morrison explained the site plan approval. Council would like clarification of what the Motion entails. The motion was to approve the waiver request. The request was to waive all the fees. Mr. Perry moved to amend the motion that specifies will only be waiving the application fees and the out of pocket plan review fees of $960.00 are not included. MedicOne would be responsible for those. So, the $3,250.00 would be waived. Mr. Kase seconded. Upon a roll call vote: Mr. Spadaro – yes, Mr. Kepler – yes, Mrs. Lee Korns – yes, Mr. Perry – yes, Mrs. Kearns – yes, Mr. Lorenz – yes, Mr. Kase – yes. Motion approved. Mrs. Kearns reviewed the original Motion with fee information. There were no questions from council. Upon a roll call vote: Mr. Spadaro – yes, Mr. Kepler – yes, Mrs. Lee Korns – yes, Mr. Perry – yes, Mrs. Kearns – yes, Mr. Lorenz – yes, Mr. Kase – yes. Motion approved. 14B. CONSIDER APPROVAL OF CU-4-17, EXPANSION OF JB TONKIN COMPRESSOR STATION, DOMINION TRANSMISSION, INC., CONDITIONAL USE, 5423 MAMONT ROAD, R-R ZONING. Mr. Kase moved to approve CU-4-17. Mr. Spadaro seconded. Mr. Morrison followed by saying Council has in front of them an updated document that outlined the staff recommendations on the approval of the conditional use. That was a result of us sending the original Conditions over to Dominion last Friday and discussions between Dominion and Mr. Sittig and Mr. Morrison that finished up this afternoon. The conditions that are proposed are the ones in front of council this evening. Mr. Morrison asked that the staff recommendations as presented this evening to council items 1-7 be considered as part of the Motion for approval. Mr. Perry noted as we get closer to add an amendment to staff recommendations, an addition to item 6 in relation to air monitoring and noise monitoring. Mr. Lorenz moved to go into committee of the whole to figure this item out. Mr. Kase seconded. Mrs. Kearns asked if the applicant had a chance to review the document presented to council late in the afternoon. Council for applicant replied no issues as to what was presented late in the afternoon. Mr. Perry read what would be # 7, condition # 6. Mr. Morrison reiterated his understanding the Municipality would obtain a consultant to be on site when tests are performed verifying the test and the calibration of the equipment and then agreeing to the results under the noise condition. Mr. Perry is asking something similar on the air side. Paul Wolmouth spoke about testing. It is done primarily internally, however, sometimes they do hire third parties to do that. Everything is reported and reviewed annually by PaDEP. These are public record and available to the Municipality. Mr. Perry would request that a consultant be retained by the Municipality for the first annual post construction test, and, after that, if it is generally the same scope of work annually, it is fine. Applicant’s attorney objected to this condition, saying it would not be appropriate and would force them into a situation they would not want to be in. Mr. Kepler asked a question relating to the waiver of the noise standards in the two areas: what mitigation possibilities were considered and why were they not implemented to pass the ordinance in those two areas? slh 1/12/2018 Regular Voting Meeting – Wednesday, December 20, 2017 Applicant’s attorney said there were no mitigation measures that were considered because the standard is a bit too stringent, but to reach 45 dba at those two areas, they are going over by 1 or 2 dba, which is an imperceptible difference. Don Houser spoke and said they have done a lot of mitigation on this property. They are reducing noise all around the property to all the homeowners. That is in the FERC application and FERC certificate, where they are reducing the noise level with this project to the neighboring homes. Even with mitigation processes in place, they are still over that 1 or 2 dba in those 2 areas. However, they are reducing noise in those areas that were previously much over to a larger extent but waived under the current noise ordinance because they pre-date that ordinance. So, in those areas, they are over now and will be reducing, however, will still be over in that area at nighttime. Mr. Kepler asked what is being done to get that reduction. Mr. Houser said there is currently piping inside the fence line that will be wrapped with noise insulation wrap that will drive down the noise to the homes in those areas. Mr. Kepler asked Mr. Morrison a question regarding Item #5. Mr. Kepler asked what happens if Council accepts the waivers and goes through the post construction survey and then find out they are over. Is there some sort of procedure? Mr. Houser stated that typically, they find out why. Go back and retrace all parts, etc. see if anything is wrong. Once that is cleared, they would look for what they can do further on mitigation on the equipment that is already installed on site. Wrap more equipment on site, etc., talk to the Municipality. Mrs. Kearns asked Council to keep in mind that Dominion has worked very hard to meet as much Municipal requirements as possible. The two locations that they are over by 1-2 dba’s are not developable. Mr. Lorenz asked for a compromise…that the Municipality could have a consultant at the annual testing to ensure it is completed in an appropriate manner. Also, he asked if Dominion could send the Municipality the annual test results automatically. They perform stack tests, as required by the DEP permit. Mrs. Kearns acknowledged a gentleman, Bill Pontier, of 5531 Mamont Rd., who wanted to make a comment/ask a question. Mr. Pontier noted that he breathes this stuff in every day. He said he gets the exhaust on any given day, depending on how the wind blows. There are times during the week that there is a smell of gas. He believes there should be testing before anything is approved, and in more than just one place -- same with the exhaust and the noise. The noise goes on 24 hours a day/7 days a week, and now there will be a bigger engine in there and it’s gonna be higher. This should not be approved, if it doesn’t comply. No more questions or comments from Council. Mr. Lorenz moved to come out of committee of the whole. Mr. Spadaro seconded. All present voted aye. Motion approved. Mrs. Kearns asked Mr. Perry to make an amendment to the original Motion. Mr. Perry stated it would be that Council have review and approval of the scopes of work associated with the post construction noise and air monitoring surveys, basically modifying condition # 6. He would be willing to concede to that being for the first sampling of that only, since the air test is a stack test. DEP air permit is not yet approved. The stack level needed to be lowered and therefore, the permit needed to be amended and resubmitted to DEP. Public comment should be starting soon. Mrs. Kearns went back to the amendment to the motion and confirmed amendment to read, “review the scope of post construction annual noise studies and first time air monitoring study. Regarding the noise aspect, the Municipality will have a consultant on site during the study, however, this will not require approval. Mr. Lorenz noted that Mr. Perry’s previous amendment to the motion is on the floor. Mr. Lorenz offered an amendment to modify Mr. Perry’s amendment to remove the Municipal approval requirement component by slh 1/12/2018 Regular Voting Meeting – Wednesday, December 20, 2017 the Municipality on the air testing and add the requirement that Dominion provide copies of air testing studies to the Municipality. Mr. Lorenz moved to amend the amendment as stated above. Mrs. Lee Korns seconded. Upon a roll call vote: Mr. Spadaro – yes, Mr. Kepler – yes, Mrs. Lee Korns – yes, Mr. Perry – no, Mrs. Kearns – yes, Mr. Lorenz – yes, Mr. Kase – yes. 6-1. Motion approved. The amended motion is to consider approval of CU-4-17 subject to conditions contained in section 6 of this briefing, including a waiver of noise standards from the Murrysville noise ordinance for areas identified as A and B, with an Exhibit C drawing and to remove municipal approval on air testing and to require Dominion to submit copies of air testing studies to the Municipality, and referencing the staff recommendations as of December 20. Staff briefing as modified by Mr. Lorenz’ amendment to Mr. Perry’s amendment. Upon a roll call vote: Mr. Spadaro – yes, Mr. Kepler – no, Mrs. Lee Korns – yes, Mr. Perry – no, Mrs. Kearns – yes, Mr. Lorenz – yes, Mr. Kase – yes. 5-2. Motion approved. Applicant’s attorney also commented that Council had requested the existing lighting be changed on the existing building and that has been done. 14C. CONSIDER APPROVAL OF SP-4-17, EXPANSION OF JB TONKIN COMPRESSOR STATION, DOMINION TRANSMISSION, INC., A LAND DEVELOPMENT, 5423 MAMONT ROAD, R-R ZONING. Mrs. Kearns moved to approve SP-4-17. Mrs. Lee Korns seconded. There were no questions from Council. Upon a roll call vote: Mr. Spadaro – yes, Mr. Kepler – no, Mrs. Lee Korns – yes, Mr. Perry – no, Mrs. Kearns – yes, Mr. Lorenz – yes, Mr. Kase – yes. 5-2. Motion approved. ENGINEERING: 15A. CONSIDER APPROVAL OF ORDINANCE NO. 986-17, AN ORDINANCE AMENDING THE MURRYSVILLE CODE, CHAPTER 210, FOR SPEED LIMITS, STOP INTERSECTIONS, VEHICLE WEIGHT LIMITS FOR REGENT COURT AND GILGIT COURT IN THE CLIFTON VISTA DEVELOPMENT. Mr. Spadaro moved to approve the Ordinance. Mrs. Lee Korns seconded. There were no questions from Council. Upon a roll call vote: Mr. Spadaro – yes, Mr. Kepler – yes, Mrs. Lee Korns – yes, Mr. Perry – yes, Mrs. Kearns – yes, Mr. Lorenz – yes, Mr. Kase – yes. Motion approved. PUBLIC WORKS AND PARKS: None. OLD BUSINESS: None. NEW BUSINESS: None. EXECUTIVE SESSION: None. ACTION ITEMS: None. slh 1/12/2018 Regular Voting Meeting – Wednesday, December 20, 2017 ADJOURNMENT: Mrs. Lee Korns moved to adjourn. Mr. Kase seconded. All present voted aye. Motion approved. The Council Meeting concluded at 9:10 p.m. The Regular Voting Meeting was broadcast on local government Channel 19. A true copy of the Council meeting DVD is available for the public to purchase from the Municipality of Murrysville and is in the Murrysville Public Library for review. slh 1/12/2018